ORDER

In September, 1977 for acquisition of more than 600 hectares of land, a notification under Section 4(1) of the Land Acquisition Act (for short the Act ) was issued for the purpose of development of Ujjain, a historical town in Madhya Pradesh. On September 17, 1980, for different reasons the notification was quashed. On 21st August, 1985 the impugned notification was issued afresh under Section 4(1) of the Act. Declaration under section 6 was issued on 25th of July, 1986. The award was made on 22nd July, 1988.

2. The appellants whose land had been acquired filed Writ Petition No. 1707 of 1986 challenging the notification under Section 4 and the declaration under section 6 of the Act to the extent of the acquisition of their land. Indore Bench of the High Court rendered the judgment annulling the notification issued under section 4 of the Act by holding that Scheme No. 23 framed under M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 did not operate against certain specified land of the respondent Ujjain Vikas Pradhikaran (hereinafter referred to as the Development Authority ).

3. The Development Authority, being aggrieved, against the judgment of the High Court filed Civil Appeal N